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People v. Rodriguez

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 27, 2010

2901 & THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
BENJAMIN RODRIGUEZ, DEFENDANT-APPELLANT.

Appeal from judgment of resentence, Supreme Court, New York County(Thomas Farber, J.), rendered February 5, 2009, resentencing defendant, as a second felony offender, to a term of 8 years, with 5 years' postrelease supervision, unanimously dismissed as moot, in that Supreme Court has granted defendant's motion to set aside the resentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J. P., Friedman, Nardelli, Acosta, Abdus-Salaam, JJ.

4635/01

M-2388 - Motion to dismiss appeal as moot granted.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100527

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